Case Note & Summary
The dispute involved a husband and wife who married in 2002 under Hindu rites, but the marriage never consummated and broke down immediately, with the wife leaving the marriage hall on the wedding night. The husband filed for divorce on grounds of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, while the wife sought restitution of conjugal rights. The trial court granted a divorce decree in 2008 based on irretrievable breakdown of marriage, a ground not statutorily provided. The wife appealed, and the appellate court set aside the divorce decree, allowing restitution. The High Court later restored the divorce decree in 2018, but the wife filed a review petition, arguing that courts lacked jurisdiction to grant divorce on irretrievable breakdown. The High Court allowed the review, dissolving the marriage on that ground, leading to the husband's appeal to the Supreme Court. The core legal issue was whether the Supreme Court could grant divorce on irretrievable breakdown under Article 142 of the Constitution, despite its absence in the Act and without mutual consent. The husband argued for dissolution given the marriage's failure over nearly two decades, while the wife opposed, citing lack of legislative mandate and social implications. The court analyzed that the marriage had irretrievably broken down, with parties living apart and reconciliation impossible, and referenced Law Commission reports and precedents where Article 142 was used similarly. It held that under Article 142, the court could dissolve the marriage to do complete justice, as it was dead beyond repair, and upheld the divorce decree, favoring the husband.
Headnote
A) Family Law - Divorce - Irretrievable Breakdown of Marriage - Article 142 of the Constitution of India, 1950 - The Supreme Court considered whether it could dissolve a marriage on the ground of irretrievable breakdown under its inherent powers, despite the absence of this ground in the Hindu Marriage Act, 1955. The court noted the marriage had not worked since inception, parties lived apart for almost two decades, and reconciliation was impossible. Held that in appropriate cases, the court can grant divorce under Article 142 to do complete justice, even without mutual consent, as the marriage was irretrievably broken beyond repair. (Paras 1-12) B) Family Law - Divorce - Grounds and Jurisdiction - Hindu Marriage Act, 1955, Section 13(1)(i-a) - The appellant filed for divorce on the ground of cruelty under Section 13(1)(i-a), but the trial court initially granted divorce on irretrievable breakdown, which was not a statutory ground. The High Court restored this decree, and the Supreme Court upheld it, emphasizing that the factual scenario justified dissolution under Article 142 despite the lack of legislative provision for irretrievable breakdown. Held that the court's jurisdiction under Article 142 can be exercised to dissolve marriages that are dead for all practical purposes. (Paras 1-12) C) Constitutional Law - Inherent Powers - Article 142 of the Constitution of India, 1950 - The court examined its power under Article 142 to grant divorce in cases of irretrievable breakdown, noting that such exercise has been upheld in precedents like R. Srinivas Kumar v. R. Shametha and Munish Kakkar v. Nidhi Kakkar. It distinguished the present case from a reference to a Constitution Bench on mutual consent divorces, as here, there was no mutual consent. Held that Article 142 allows dissolution when marriage is irretrievably broken, irrespective of consent, to ensure complete justice. (Paras 8-12)
Issue of Consideration
Whether the Supreme Court can grant a decree of divorce on the ground of irretrievable breakdown of marriage under Article 142 of the Constitution of India, 1950, in the absence of legislative mandate and mutual consent, given the factual scenario of a marriage that has not worked for almost two decades.
Final Decision
Supreme Court upheld the divorce decree on the ground of irretrievable breakdown of marriage under Article 142 of the Constitution of India, 1950, dissolving the marriage
Law Points
- Irretrievable breakdown of marriage as a ground for divorce under Article 142 of the Constitution of India
- 1950
- Exercise of inherent powers to dissolve marriage when reconciliation impossible
- No requirement of mutual consent for dissolution under Article 142
- Hindu Marriage Act
- 1955 provisions on cruelty and restitution of conjugal rights
